Thursday, June 23, 2011

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1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

How and where can I get a copy (I never made a copy of that).

Note: Spouse passport has stamping but the requirement is copy of I 94

any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.

You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.

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surabhi

05-21 09:29 AM

(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

(b) I have an approved I-140

(c) My 485 has not been filed yet

(d) I just got my H1 approved and it would be effective from Oct 1 2008

So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

5) Within how many days of joining my new Employer B should I file my new I-140?

6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD 3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet. 4.there is no premium processing yet for I-140 5.It has no bearing. Its upto you. 6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount. 7. See above

this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.

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gg_ny

08-23 01:02 PM

When is the Senate meeting and is it scheduled to take up the skil bill this year??... When can it take it up next year??...

Could you please give some dates???.

I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment. I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country. Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate. I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.

How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !! The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..

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Googler

02-14 05:22 PM

Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.

Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.

About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.

Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

"How NOT to get the work done in 5 years?"

B T W Does these places have any guys who are struck with their labor?

Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand

My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)

If you wish to you can explore with them and if required can talk to me too.

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Ann Ruben

03-19 03:21 PM

There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.

Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...

I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?

Atish.

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psaxena

10-07 03:18 PM

Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.

So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.

hi ,

Here is my situation.

(employer) -> (middle vendor ) -> prime vendor -> (End client ).

I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.

I am very sorry to see this happened to you. Please talk to your lawyer and ask him to handle it good. Contacting local senators/Congressman will help you..good luck.

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kennyc

May 25th, 2005, 02:37 AM

So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)

new developement is that HYD consulate called him for rare second interview,atleast that the email says any idea what to expect,it seems that they want stamp visa cancelled should we expect any different

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nefrateedi

08-29 12:39 PM

Thank you so much nefrateedi,

I feel a little bit relieved now. I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.

Thanks again

Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.

I filed 485 on July 2 2007 through Company 1. I left the Company 1 on July 7 2007. Company 2 had filed for PERM in June that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.

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HV000

12-30 10:23 AM

I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not. An actual case would be helpful.

I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.

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kartikiran

01-14 10:48 AM

Mine was Renewal

sertasheep

03-25 11:34 AM

Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.

Regards

sreenivas11

07-02 10:31 AM

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

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